Truck Accident Checklist: Essential Steps
After a Crash
A Guide for Injured Victims and Families
When a crash with a semi-truck or large commercial vehicle occurs, taking a number of important steps may help protect you physically and legally. Injured victims must deal with physical injuries as well as a complex legal system. In some cases, families must deal with tragic fatalities. Follow this process below to maximize the opportunity to get the justice and compensation you deserve.
Steps After a Truck Accident
- Put Safety First
- Seek Medical Attention
- Gather Evidence & Document the Crash
- Exchange Information: Drivers, Witnesses, Police
- Watch What You Say
- Contact a Truck Injury Lawyer
- Report The Accident When Required
- Don’t Speak with Trucking Insurers
- Follow Doctor’s Orders
- Avoid Posting on Social Media
- FAQs – Fatal Accidents & Incapacitated Victims
1. Put Safety First
Safety must always take priority after a collision with a semi-truck or large commercial vehicle. Call 911 right away if injuries or fatalities occur. If you can, move yourself to a safe place off the road and out of traffic. If your vehicle has come to rest in a place that is not safe, move the vehicle to the side of the road if you can if you can do it safely.
Putting safety first also helps preserve the accident scene for accurate documentation, which is vital for insurance claims and legal investigations that may follow.
2. Seek Medical Attention
Even if you don’t feel injured, visit a doctor and get checked by medical professionals. In some circumstances, pain may not develop until days after the crash. Accident victims are susceptible to overlooking certain injuries because of adrenaline, or passing them off as “no big deal.”
Your health and ability to recover compensation are both at stake. Protect your physical health and the possibility of an injury claim by seeing a physician and documenting all injuries.
3. Gather Evidence & Document the Crash
Take photos and videos of the scene, vehicle damage, skid marks, and other relevant details. Be sure to capture imagery of the surrounding area, including road signs that verify the accident location.
4. Exchange Information
Gather details from those involved and anyone who may have witnessed the crash. Do this specifically with:
- Drivers & Passengers Involved: get names, addresses, phone numbers, and insurance information from all involved.
- Eyewitnesses: Obtain contact information from any witnesses who saw the accident.
- Police Officers: Ask the officer for a business card and an accident report number so you can track your accident and review how it was reported.
5. Watch What You Say
Do not apologize or admit fault to anyone, including insurance companies. Be aware that additional evidence may become available that may support or refute your claims. Speak with an attorney first, since an investigation may reveal additional facts about the accident.
Realize that anything you say or share at the accident scene may be used against you by those representing the truck driver and trucking company. Keep the conversations factual and brief.
6. Contact a Truck Accident Lawyer
Seek legal counsel from an experienced truck accident attorney. Truck accident cases are not like car crash cases. Trucking injury cases are extremely complex and nearly always involve multiple parties that will seek to minimize any fault or damages you may be entitled to. There is a deadline to file a lawsuit, known as the Statute of Limitations. In California, you generally have two years from the date of the accident,[1] and as little as six months with government vehicles and property.[2]
The process of hiring an attorney begins with a free case evaluation. Contact a licensed contingency fee lawyer to get started.
7. Report the Accident
There are a few scenarios where you must report the crash:
- Accidents with Injuries, fatalities, or property damage over $1,000 must be reported to the California DMV within 10 days of the crash, using the SR-1 Form. A lawyer can help file this on your behalf so you can focus on recovery.
- Accidents with injuries or fatalities must be reported immediately to law enforcement. In this scenario, call 911 right away.
Most insurance companies require policyholders to report the crash to their insurance carrier, often within 48 hours of the accident. Failure to do so may result in the denial of coverage.
8. Avoid Speaking with Trucking Insurance Companies
Insurance providers for the trucking company are not on your side. They may seek to persuade you to share your story and even offer you a settlement check on the spot. Avoid speaking with them and instead, talk to a truck accident injury lawyer who will represent you, protect your rights, inform them of your demands, and fight for the justice and compensation you deserve.
California uses the comparative negligence system, giving you the right to collect damages even if you share some of the fault. Even if you feel like you are partially to blame, do not sign any documents without first consulting an experienced trucking attorney.
9. Follow Doctor’s Orders
Attend all medical appointments and follow any instructions from your physician. If your doctor prescribes physical therapy, attend all appointments. If you skip appointments without a legitimate cause, the trucking companies may argue that you are not badly injured or do not require costly medical treatments.
10. Avoid Posting on Social Media
Social media can cause a lot of headaches for personal injury claims. Once you post about your accident, the trucking insurance companies will seize these opportunities as evidence against you. You might even have a really “good day” where you just want to share about your health through photos or uplifting words. However, it’s best not to post anything on social media that could imply the status of your injuries, the nature of the accident, or your condition.
Popular Questions About
Steps to Take After a Truck Accident
California law determines who can bring a lawsuit for a deceased person. Two main paths exist:
– Survivor claims, which are injury claims that the actual person who died may have had before they passed away.
– Consortium claims, which are the family’s loss. When a parent, child, sibling, brother, spouse, or other legally qualified person has died, you may seek justice and compensation for the loss and damages you are now experiencing.
When bringing a lawsuit, the parties involved will often include the shipper, a motor carrier, and a receiver. In some scenarios, you may also sue a freight broker, a freight forwarder, and hidden motor carriers. An experienced trucking lawyer who knows the law can help families and loved ones through these complex legal challenges.
If someone is incapacitated, they cannot make their own decisions. Every scenario is different, but generally speaking, someone may have designated who the decision maker is in these circumstances. This is known as the “Power of Attorney” (POA). If you’re suing on behalf of a minor, a “Guardian ad Litem” (GAL) will allow a court-appointed person to advocate for the child. If somebody is incapacitated, that does not stop legal action from progressing, but loved ones must follow all California legal statutes.
Download the Truck Accident Checklist
Download the full-resolution truck accident checklist by clicking on the image or download button. Save the checklist to your phone, and print out to keep in your vehicle’s glove compartment.
More Resources
- GVWR Meaning – Learn the role of Gross Vehicle Weight Ratio in trucking
- Truck Accident Statistics – Causes, crash data, safety & legal considerations
- Common Types of Truck Accidents
- Legal Advice from a Truck Accident Attorney
This Page Was Reviewed by Jordan M. Jones
Attorney Jordan M. Jones has dedicated his legal practice to helping victims of serious truck accidents in Southern California.
As one of only a handful of attorneys located in California who is Board-Certified in Truck Accident Law by the National Board of Trial Advocacy, Jordan has litigated over one hundred truck accident injury cases with a strong track record of success.
LEARN MORE: Attorney Jordan M. Jones
